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Vol 23 No 5 May/June 2018

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A Different Concept of Law

Publication abandoned lge

ISBN13: 9781859416419
Published: December 2009
Publisher: Routledge-Cavendish
Country of Publication: UK
Format: Paperback
Price: Publication Abandoned

Due August 2007
This book's ambitious project is the reconceptualising of law and adjudication. Richard Tur's major contribution to legal theory tackles two ideas central to the field: (1) the notion of a recourse role: (2) the idea of rules of law as presumptive or defeasible,at least in some circumstances and always for good, even compelling, reasons.

The first notion may be considered as an alternative to two extremes in legal thinking: at one end of the spectrum 'legalism' and, at the other, 'anarchism'. This book demonstrates how both extremes are equally unreal and dependent on an inept conception of what 'rules' are and of what 'acting in accordance with a rule' might be.

Through this analysis, the author develops a reworked jurisprudence - a different concept of law.

Publication abandoned lge
Introduction - Setting the Agenda; Presenting the Theory; Applying/Testing the Theory - I Contract (Equity); Applying/Testing the Theory - II Criminal Law (Mercy); Applying/Testing the Theory - III Tort (Policy); Applying/Testing the Theory IV - Constitutional Law (Rights); Applying/Testing the Theory V - Statutory Interpretation (Purpose); Locating the Theory; Celebrating the Theory